Section 221(g) of the Immigration and Nationality Act It is often the case when an applicant for a visa is told that a final decision cannot be made on his visa application immediately. In doing so, the consular officer invokes Section 221(g) of the Immigration and Nationality Act and informs the applicant that the case will be put on hold until the applicant’s eligibility for the visa can be determined. This processing “time-out” is taken frequently: approximately one million visa applications were subjected to 221(g) during 2010. Technically, 221(g) is considered a denial; in subsequent visa applications and registration in the Electronic System for Travel Authorization, this must be disclosed. Nevertheless, the overwhelming majority of 221(g) denials are overcome and visas issued. There are, in essence, two types of 221(g) cases: Washington-related “administrative processing”, in which a clearance or approval is required from an interested agency or agencies in Washington, D.C. Post-related, in which the consular officer requires additional time, information, or documentation before making a final visa decision. Clearances from Washington are required when the applicant presents issues of security, criminality, legal questions, technology exports from the US, other admissibility problems, or is from a country of concern. The question of a security “hit” can arise in a variety of situations, such as potential terrorists, individuals who previously worked as military or other attachés in the US for an unfriendly country, even if that work took place decades before, or even individuals who spent time in certain countries (e.g., Iran). To resolve these issues, a Security Advisory Opinion is needed. Often the “hits” arise because the applicant has a common name: other individuals with the same name are blacklisted, causing cases of mistaken identity or prolonged delays. Suspected criminal activity or ties (e.g., Russian mafia) can also lead to prolonged processing to allow for an investigation. In addition, consular officers refer some legal issues, such as certain material misrepresentations made in a visa application, to Washington for a legal advisory opinion. The application will be held in abeyance until receiving guidance from the Visa Office Advisory Opinion section.Administrative Processing - 221g

Administrative Processing - 221g

Filing of I-751 Waiver Application NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

What to do about getting 2 years conditional permanent resident status when there is divorce or divorce case is still pending?

You can file Form I-751 at "any time" if you have a final order of divorce or annulment. That's true even if your conditional green card is not close to its expiration date. But what happens if you haven't yet filed for divorce or your divorce is not yet final?

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

Obama renews call for Senate immigration bill

Obama renews call for Senate immigration bill

“There are a few differences here and there, but the truth of the matter is that the Senate bill has the main components of comprehensive immigration reform that would boost our economy, give us an opportunity to attract more investment and high-skilled workers who are doing great things in places like Silicon Valley and around the country,” Obama said. “So let’s go ahead and get that done.”

Read more: http://www.politico.com/story/2013/12/barack-obama-senate-comprehensive-immigration-reform-bill-101401.html#ixzz2o99eCAZl

Comprehensive Immigration Reform (CIR): Parole in Place & Military Fami...

S. 744-passed senate; stalls in the house; backdrop of prez to get; house no wants to provide citizenship b/c 11 million will vote for Democrats could be end of Rep party; now Boerner puts person in charge of immigration who was with McCain!

Termination of Employment from Employer Sponsored Immigrant Petitions:

H-1B visas are nonimmigrant visas that allow foreign workers in specialized occupations to reside and work in the United States for a limited time period. To qualify, a foreign worker must be sponsored by a U.S. employer. Employers can terminate an H-1B visa worker without penalty; however, doing so causes the employee to immediately lose status to live and work in the United States. Because of the immediate circumstances for the employee, this triggers obligations for the employer. When terminating, the employer must begin by providing clear, unequivocal notification of a "bona-fide termination" to the employee. It must be done in writing and clearly indicate that the employment relationship has been terminated.  

VISA NUMBERS / RETROGRESSION

VISA NUMBERS / RETROGRESSION

Nancy Pelosi: Immigration reform on hold in House

Nancy Pelosi: Immigration reform on hold in House

Democrats have been pushing House Republicans to hold a vote on a landmark immigration reform bill that was passed in June, or try to work on their own immigration legislation. But Republicans have been apprehensive, with the most conservative members opposed to anything that could provide a pathway to citizenship or legalization for undocumented immigrants.

Read more: http://www.politico.com/story/2013/12/nancy-pelosi-immigration-reform-101014.html#ixzz2nMSSzx4t

Visa Bulletin December 2013

1. As of November 20th - No additional EB-2 visas will be allocated for EB-2 India for the rest of November. 2. Demand for EB-2 visa number is unprecedented 3. Majority of requests were because of upgrades where beneficiary had EB-3 and upgraded to EB-2. 4. Oppenheimer says that perhaps in August or September 2014, the last two months in FY, EB-2 India will advance to December 2008 as a priority date. 5. Factors that impact EB-2 retrogression are - usage of visa numbers in the EB-1 category that would "drop down" to EB-2; The number of EB-3 to EB-2 upgrades from worldwide and other countries; The number of EB-2 India Visa numbers used for applicants with priority dates before November 2004; and the fact that the total worldwide quote is about 8,000 visa numbers lower than the previous year.

Comprehensive Immigration Reform (CIR): Parole in Place & Military Fami...

S. 744 passed senate; stalled bill in the house; back-drop of President Obama to grant Prosecutorial Discretion; House does not want to provide a path to Citizenship because 11 million undocumented will vote for Democrats could be end of Republican Party; Now Speaker of House puts person in charge of immigration. who was with McCain! What does this all mean?

Comprehensive Immigration Reform (CIR): Parole in Place & Military Fami...

H-1B SEASON IS UPON US . . . WILL THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON IS KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S. NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

It is that time of year again! We always hear the accountants moan and groan about the approaching April 15th deadline each year but, you have to listen a bit more closely and you will hear (and see) the U.S. business immigration lawyers and attorneys manifesting their distaste for the April 1st filing date for "cap" subject H-1B professional and specialty occupation workers.

Well, here we go again . . .

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

Termination of Employment from Employer Sponsored Immigrant Petitions:

Termination of Employment from Employer Sponsored Immigrant Petitions:

Temporary Visas & Employment Based Visas

Temporary Employment Based Visas - OPT and H-1Bs. Green Cards and Visas. Nachman Phulwani Zimovcak (NPZ) Law Group looks out to issues for the April 1st H-1B Filing Date. H-1B Season is upon us and it is never too early to plan for your H-1B nonimmigrant professional and specialty occupation work visa. Consider AC-21 for extending the H-1B beyond the 6 years.